(a) (1) When a juvenile court school pupil becomes entitled to a diploma pursuant to subdivision (d) of Section 48645.5, the county office of education shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of all of the following:
(A) The pupil’s right to a diploma pursuant to subdivision (d) of Section 48645.5.
(B) How taking coursework and other requirements adopted by the governing board of the county office of education or continuing education upon release from the juvenile detention facility will affect the pupil’s ability to gain admission to a postsecondary educational institution.
(C) Information about transfer opportunities available through the California Community Colleges.
(D) The pupil’s or the education rights holder’s, as applicable, option to allow the pupil to defer or decline the diploma and take additional coursework pursuant to paragraph (2) of subdivision (b) or subdivision (c).
(2) If the county office of education fails to provide timely notice pursuant to paragraph (1), the pupil described in paragraph (1) shall be eligible for the diploma pursuant to subdivision (d) of Section 48645.5 once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil.
(b) If a county office of education makes a finding that a juvenile court school pupil who is entitled to a diploma pursuant to subdivision (d) of Section 48645.5 could benefit from the coursework and other requirements adopted by the governing board of the county office of education, the county office of education shall do both of the following:
(1) Inform the pupil of his or her option to take coursework and other requirements adopted by the governing board of the county office of education.
(2) Notwithstanding subdivision (d) of Section 48645.5, permit the pupil, upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil, to take coursework or other requirements adopted by the governing board of the county office of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility.
(c) Notwithstanding subdivision (d) of Section 48645.5, upon the release from a juvenile detention facility of a pupil who is entitled to a diploma pursuant to subdivision (d) of Section 48645.5, the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, the person holding the right to make educational decisions for the pupil, may elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency or charter school to take additional coursework. The county office of education shall advise the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, the person holding the right to make educational decisions for the pupil, to consider, when deciding whether to elect to decline the diploma, whether the pupil is highly likely to do all of the following:
(1) Enroll in a school operated by a local educational agency or charter school.
(2) Benefit from continued instruction.
(3) Graduate from high school.
(d) (1) If a juvenile court school pupil who is entitled to receive a diploma pursuant to subdivision (d) of Section 48645.5 is not granted a diploma or if the pupil or the education rights holder, as applicable, has previously deferred or declined a diploma pursuant to paragraph (2) of subdivision (b) or subdivision (c), a county office of education shall grant a diploma if it is requested by the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, by the education rights holder.
(2) If a juvenile court school pupil is entitled to a diploma pursuant to subdivision (d) of Section 48645.5, a county office of education shall not revoke that eligibility.
(3) If a former juvenile court school pupil is entitled to a diploma pursuant to subdivision (d) of Section 48645.5, that right shall continue to apply after the termination of the court’s jurisdiction over the pupil.
(e) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(Added by Stats. 2017, Ch. 754, Sec. 2. (AB 1124) Effective January 1, 2018.)
Last modified: October 25, 2018